• the intermediary shall the reimburse the passenger via the original payment method, at the latest within a further seven days; and • inform the passenger and the air carrier thereof. If the passenger does not receive the reimbursement within 14 days, the operating air carrier shall contact the passenger at the latest on the day following the expiry of the 14-day period in order to receive the payment details for the reimbursement. Upon receipt of these payment details, the operating air carrier shall reimburse the passenger within seven days and inform the passenger and the intermediary thereof. This goes along with an obloigation of the intermediary to provide the contact details of the passenger and the booking details ‘to the air carrier’.63 It’s unclear though whether this refers to the contracting air carrier or the operating air carrier. Overall, it would probably have been simpler and more expedient to grant the airlines a longer period for reimbursement (e.g. two or three weeks), to allow them to reimburse through intermediaries without restriction, but to burden them with the risk that the payment will not be forwarded by the respective intermediary (in time). 2.2. Disabled passengers and passengers with reduced mobility According to Article 4(2) of the Regulation on the rights of disabled persons and persons with reduced mobility when travelling by air,64 in order to meet applicable safety requirements, an air carrier or its agent or a tour operator may require that a disabled person or person with reduced mobility be accompanied by another person capable of providing the assistance required by that person. The Commission prpopeses to add a setence whereas such an accompanying person shall travel free of charge and, where practicable, sit next to the person with disabilities or reduced mobility. The provision has the clear purpose of facilitating access to air transport for people with disabilities and not deterring them from using these transport services by incurring additional costs for an accompanying person required for safety reasons. The proposal is therefore to be welcomed, even if it places a burden on the air carriers, who for their part must comply with safety regulations and not arbitrarily demand accompanying persons. 63 Article 14a CP 2023 APR. 64 Regulation (EC) No 1107/2006. 16 MICHAEL WUKOSCHITZ
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